Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

Corporate social responsibility, Corporate Social Responsibility (CSR) has ...

Corporate Social Responsibility (CSR) has become a key aspect in the activities of an organization in the context of environment and community development, employees, customer serv

Capacity - sales of goods, Capacity - Sales of goods Through S.4 (1) p...

Capacity - Sales of goods Through S.4 (1) provides such capacity to buy and to sell is governed through the natural law concerning capacity for contract. Although where necess

Impact on businesses of phoenix activity, Q. Impact on businesses of phoeni...

Q. Impact on businesses of phoenix activity? In 1996 the Australian Securities Commission (ASC), published a report on phoenix activity titled Phoenix Activities and Insolvent

What is the dispute resolving mechanism, What is the dispute resolving mech...

What is the dispute resolving mechanism Obligation to follow a treaty between states arises only when it has been concluded in a written form. Moreover, a treaty must be in a

The westminster model constitutions and some leading cases, QUESTION 1 ...

QUESTION 1 Court control of how executive power is exercised is what administrative law is all about. Who are the persons under scrutiny in this area of the law? In what manner

Practical consequences of incorporation, Practical Consequences of Incorpor...

Practical Consequences of Incorporation: In the course of delivering his judgment in Salomon's case Lord Halsbury stated that "once the company is incorporated, it must be tre

Example of business law and ethics, Frank, a student at Anne Arundel Commun...

Frank, a student at Anne Arundel Community College, is on his way to class one day. He enjoys his class very much and is looking forward to this particular class on tort law, but d

Explanatory statement - mergers and winding up, Explanatory statement - mer...

Explanatory statement - mergers and winding up: It is also necessary that the members or creditors who are to vote on the scheme should be able to understand its full effects.

Raising of capital, Raising Of Capital: In commercial parlance, the wo...

Raising Of Capital: In commercial parlance, the word 'capital' is generally used to denote the amount by which the assets of a business exceed its liabilities. Conversely, in

Choice of name - name clause, Choice of Name - Name Clause: However, i...

Choice of Name - Name Clause: However, it might be relevant to note that the registrar of English companies, pursuant to his powers under the corresponding section of the Engl

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd